Security Deposit Withholding Notice

A lease agreement almost always requires the tenant to put up a security deposit against property damage or nonpayment of rent. If everything is in order after the tenancy, the landlord must return the security deposit to the tenant in full.

If there are damages to be covered, a landlord can deduct the sum from the security deposit up to the full amount. In that case, the landlord will send a Security Deposit Withholding Notice to inform the tenant.

What Is a Security Deposit Withholding Notice?

The Security Deposit Withholding Notice is a letter informing a tenant of a landlord's decision to deduct the security deposit up to the full amount.

Landlords can affect security deposit withholding for several valid reasons. The tenant may have broken the lease agreement or left without paying the last month's rent. Repair and unreasonable cleaning costs can also be deducted from the deposit, as well as unpaid utilities.

Other Names for Security Deposit Withholding Notice

Depending on your state, a Security Deposit Withholding Notice may also be known as:

• Letter to Withhold Security Deposit
• Letter to Tenant for Damages
• Security Deposit Deduction Notice
• Disposition of Security Deposit
• Itemized Security Deposit Deduction Form

Who Needs a Security Deposit Withholding Notice?

When a tenant leaves a rental property, it is standard procedure for the landlord to inspect the premises to see if everything is in order. If not, the landlord could use a Security Deposit Withholding Notice to inform the tenant to withhold part or all of the deposit.

Why Use Swyft Forms for Your Security Deposit Withholding Notice?

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Security Deposit Withholding Notice.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Security Deposit Withholding Notice With Swyft Forms

As a landlord, you might run into a need to generate a Security Deposit Withholding Notice. You have to worry about itemizing all the damaged items and the attendant costs.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Security Deposit Withholding Notice?

To create your document, please provide:

• Landlord Information: The legal name and contact details of the landlord.
• Tenant Information: The legal name and contact information of the tenant.
• Property Location: The address of the rental property.
• Date: The date when the notice is to be sent.
• Lease Agreement Information: Details about the lease agreement, such as the beginning and end dates.
• Deductions: An itemized list of damages and markdowns.
• Method of Delivery: How the landlord plans to deliver the notice to the tenant.
• Signature: The landlord needs to sign the statement.

Security Deposit Withholding Notice Terms

• Security Deposit: A sum of money given to a landlord as security against nonpayment of rent or property damage, the unused part of which is to be returned to the tenant at the end of the lease agreement.
• Tenancy: The state of a rental space being tenanted.
• Tenant: In the context of a Security Deposit Withholding Notice, this is the tenant whose security deposit is being withheld.
• Landlord: In the context of a Security Deposit Withholding Notice, the landlord sends the notice.
• Residential Property: A building zoned for non-commercial occupancy.
• Lease Agreement: A contract between the landlord and the tenant for the right to use and occupy a real property.
• Subleasing: Subsequent leasing to a subtenant on the part of a tenant.
• Deduction: In the context of a Security Deposit Withholding Notice, this is a subtraction in the deposit balance that may be returned to a tenant.

Security Deposit Withholding Notice Signing Requirements

To be enforceable, a Security Deposit Withholding Notice only requires the signature of the landlord. This document also does not need notarization or a witness to be valid.

What to Do With Your Security Deposit Withholding Notice?

After generating your Security Deposit Withholding Notice on Swyft Forms, print out a copy and ensure that the tenant receives it in due time. You can hand over the notice in person or use another delivery method, preferably with delivery confirmation.